You should only need one person in your life.
And now that you have to go through this, we understand if you want more.
Someone died because of someone else’s mistake, recklessness, or carelessness.
You’re not only dealing with unanswered questions but also the financial strain of the matter. It can feel like too much to manage all on your own. But at the end of the day, we’re here to make your life as easy as possible.
Disclaimer:
The following information does not constitute legal advice. You should seek legal counsel from an experienced attorney regarding your unique situation.
What you’ll learn:
- Understanding Wrongful Death Claims
- Common Causes of Wrongful Death Lawsuits
- What Compensation Can Families Recover?
- Building a Strong Wrongful Death Case
- How Legal Experts Make a Difference
Understanding Wrongful Death Claims
A wrongful death legal action is a civil claim made when someone passes away because of another party’s negligence or misconduct.
The purpose of a wrongful death lawsuit is to allow the surviving loved ones of the deceased individual to recover financial compensation for their losses. In addition, wrongful death legal services also help bring the negligent party to justice for their actions or inaction that caused a person to pass away.
Wrongful death services and a criminal case are different. It is possible that the other party could be charged criminally or civilly.
The main distinction between the two is the burden of proof, which is the lowest in civil court, making it easier for family members to win a case than a criminal case, in which they have to prove the guilt of the offender “beyond a reasonable doubt”.
So, who has the legal right to file a wrongful death lawsuit? This can vary from state to state, but some of the common plaintiffs include:
- The surviving spouse of the deceased
- The children of the deceased
- The parents of the deceased
- In some cases, even other financial dependents of the deceased can have a right to file a lawsuit.
- The estate representative can also file the lawsuit.
The best way to find out who has a right to claim damages is to get in touch with a wrongful death lawyer in Calgary, who can explain all your legal options to you under your state’s laws.
Common Causes of Wrongful Death Lawsuits
When a person dies because of someone else’s negligence, then the party who caused the death may be held legally responsible. There are a variety of different reasons why a person can die because of someone’s negligence.
Motor vehicle accidents are the leading cause of wrongful death cases. Speeding, distracted driving, and impaired driving are some of the most common causes of vehicle-related wrongful deaths. Insurance companies often try to fight these types of claims, as there is generally solid evidence to back up the victim’s side of the story.
Medical malpractice also causes a high number of preventable wrongful deaths, including surgical errors, misdiagnosis, medication mistakes, and hospital-acquired infections. According to research from the National Library of Medicine, over 200,000 deaths of patients each year are the result of medical errors.
There are also other major reasons, such as:
- Workplace accidents due to unsafe working conditions
- Product liability accidents that are caused by a faulty product
- Criminal acts, such as murder, assault, or manslaughter
- Abuse and neglect in nursing homes and long-term care facilities
In order to establish liability in a wrongful death case, you will have to prove that the party in question was in the wrong, legally speaking, and that their negligence directly led to the death of the deceased person.
What Compensation Can Families Recover?
Wrongful death damages are meant to financially compensate the surviving loved ones of the deceased for their losses. This includes both financial or economic losses as well as more abstract non-economic damages.
Economic damages usually refer to:
- Medical expenses incurred before the death of the victim
- Funeral and burial costs
- Lost income the deceased would have earned during their lifetime.
Lawyers use life-care planners and other specialists to help calculate a victim’s future earnings, based on factors such as age, health, occupation, and career potential.
Non-economic damages are more intangible losses, such as:
- Loss of companionship
- Loss of guidance
- Loss of consortium.
These damages are harder to calculate, but they are no less real for the people who suffered them.
In some cases, punitive damages may also be awarded to punish and deter the other party’s reckless or intentional conduct.
The amount of compensation that can be recovered will vary widely depending on the facts and circumstances of each case. According to some legal research, for example, only about 5% of deaths caused by medical errors result in malpractice payouts.
The purpose of these claims is to give the surviving family members of the deceased some measure of financial security during an already very difficult time.
Building a Strong Wrongful Death Case
In order to win a wrongful death claim, you will have to prove four essential elements of the case. This includes the following:
- Duty of care: the other party owed a duty of care to the deceased person
- Breach of duty: the other party breached their duty of care by acting negligently or recklessly
- Causation: the death of the person was caused by the other party’s breach of duty
- Damages: the death of the person caused damages to the surviving family members.
Establishing causation and damages is a crucial part of any wrongful death case. This means that you will have to be able to prove that the other party’s negligence or recklessness was the direct cause of the victim’s death.
The loss of a loved one is never easy, but when their death is caused by someone else’s actions, it can be particularly difficult to cope with.
If you have lost a loved one because of another person’s negligence or recklessness, then you may be able to file a wrongful death lawsuit in order to recover damages for your loss. Working with the best wrongful death legal services in your area is the only way to do this. Lawyers will guide you through the whole legal process, so you don’t have to do anything but focus on moving forward and healing.
How Legal Experts Make a Difference
Dealing with a wrongful death lawsuit by yourself is never easy. On top of all of the emotional stress, there is also a lot of legal work that needs to be done in order to build a strong case.
Experienced wrongful death lawyers will:
- Have access to medical experts and accident reconstructionists.
- Deeply understand local laws and how the courts work.
- Possess the negotiation skills necessary to get you the best possible settlement.
- Have the resources to properly investigate your case and gather evidence.
- Know how to accurately calculate lifetime damages.
Most wrongful death lawsuits are settled out of court. A skilled lawyer knows how to get the best possible compensation for their clients without having to go to trial.
However, they also know how to prepare the case in such a way that they could win in a court of law if it ever came to that.
In the end, we all know that insurance companies have entire legal teams working to protect their interests. It is only fair that the families of victims have the same level of legal representation fighting for them.
Wrapping It Up
Wrongful death lawsuits are a way for the surviving loved ones of a deceased person to recover financial compensation for their losses. These claims are filed when someone dies because of the negligence or recklessness of another party.
Wrongful death lawsuits can be complicated and require a lot of legal work. This is why it is always best to work with the best wrongful death legal services in your area.
They will help you understand all of your legal options and represent your interests in court if necessary. At the end of the day, dealing with the loss of a loved one is never easy. But you don’t have to do it all by yourself. We are here to help.
We are not lawyers and this is in no way intended to be used as legal advice . We cannot be held responsible for your results. Always do your own research and seek professional legal help.
The owners of Cinnamon Hollow and many of its authors are not doctors and this is in no way intended to be used as medical advice. We cannot be held responsible for your results. As with any product, service or supplement, use at your own risk. Always do your own research and consult with your personal physician before using.
Daniel is a Cinnamon Hollow author passionate about house and home, renovations, homesteading and DIY.
